Prime Minister, not the Attorney General, protect the rule of law.

Before further damaging the government's image, it is reasonable for Bhandari to resign, expressing self-criticism over her own decisions as Attorney General. If she does not resign herself, then Prime Minister Sushila Karki should take the decision.

मंसिर १, २०८२

सम्पादकीय

Prime Minister, not the Attorney General, protect the rule of law.

Sushila Karki's identity is not limited to being the first female Prime Minister of Nepal, she is also inscribed in history as the first female Chief Justice. Her identity is established as a person of integrity, which is her greatest public asset.

Karki does not have her own political party, no army of workers, no financial resources to mobilize the organization, and no extensive geopolitical ties. However, she became the Prime Minister because she has a nature, style, and courage that no one else has, which has made the society hopeful about her. Choosing senior advocate Sangita Bhandari as the Attorney General is also a continuation of Karki's same personality.

It was believed that the first female Prime Minister and the first female Attorney General would make legal accountability the main mantra in the country. However, Prime Minister Karki's silence is surprising even when it is clear that the same Attorney General has decided to acquit herself by crossing all boundaries of the legal framework, social dignity, and human values. If the Prime Minister does not take an appropriate decision immediately, the society that is currently in shock will be disappointed tomorrow.

It is the aspiration for good governance, transparency, and accountability that has brought Gen-G to the streets, brought turmoil, and formed a civilian government. Therefore, the government has no room to compromise even the slightest on the issues of good governance and accountability. If there is any trouble anywhere else, it is the Attorney General's formal responsibility to file a case on behalf of the government and ensure the rule of law. However, Attorney General Bhandari has shocked the society by deciding not to prosecute her own company involved in the act of extracting and selling the eggs of minor girls.

Giving 16-17 year old girls hormone injections for 10 days after their menstruation and making them unconscious on the 13th day and extracting the eggs through tools and selling them to others is a heinous crime in itself. Bhandari herself has signed the decision not to prosecute 'Hope Fertility and Diagnostic Pvt. Ltd.' involved in such an act and those involved in this act because she and her family group have invested in this company.

Sanima's daughter Dr. Swasti Sharma and Bhandari are also the company's managing shareholders. The Gen-G movement formed this government on the condition of conducting an impartial investigation into every crime, but the Attorney General's decision to exempt herself is a mockery of the rule of law, a betrayal of the Gen-G movement. This capriciousness cannot be expected and accepted when there is a government led by a former Chief Justice. 

The CIB of the police had investigated and submitted a report to the government prosecutor on the charges that ‘Hope Fertility and Diagnostic Pvt. Ltd.’ was financially luring girls under the age of 18 to extract eggs and sell them to other couples. The police investigation revealed that the girls were being paid 10,000 rupees each and sold to couples aspiring to have children for tens of lakhs.

It has also been confirmed that agents were being used for this. Following a complaint from the girls’ parents, the CIB had taken Dr. Swasti Sharma, Dr. Malina Chaudhary, Ashmi Adhikari, Justina Pradhan and Alisha Wali under control for investigation in Ashar. At that time, they were released on bail. However, Bhandari herself has completed the organized initiative to not prosecute the case after becoming the Attorney General. 

There are two serious issues regarding egg smuggling and Bhandari’s involvement. First, her 23 percent investment in Hope Fertility has been confirmed by the share records. Similarly, after the police arrested Hope's team and released them on bail, Bhandari even argued on behalf of the accused in the Kathmandu District Court.

After becoming the Attorney General herself, she has also signed a decision not to pursue the case. After the Attorney General, who should have explained what 'conflict of interest' means, made such a mockery of law and rights, now questions and hopes have been directed towards the Prime Minister. This question should not go unanswered in the face of Sushila Karki's personality and the responsibility of the Prime Minister. She is delaying every moment to make her meaningful presence known.

Attorney General Bhandari has publicly humiliated the victim girl. After getting into a controversy, she is also defaming the character of the girls by calling them 'children out of control' to protect her seat.

She has mobilized the government mechanism to defend herself, saying that there is 'no law' to prosecute the person who extracts eggs. However, any external interference in the genitals of minor girls is illegal, and the existing laws are sufficient to prosecute such crimes. But how can the government ensure good governance and accountability with the help of an Attorney General who devalues ​​even the minimum standards of human values ​​and the rule of law? This question has been asked of Bhandari herself and Prime Minister Karki.

Previous Attorney Generals have also misused the law with the power of power and authority. For example, the then Attorney General Ramesh Badal had decided to acquit the then Law Minister of Koshi Province, Leelaballabh Adhikari, who was involved in smuggling Nepali youth to Japan. The decision to acquit Rekha Kumari Sharma, a member of the Lumbini Provincial Assembly of the UML, who was accused of violence against minors, was also his turn.

Similarly, on the morning of the day the then Prime Minister Pushpa Kamal Dahal's government took a vote of confidence in Parliament, the then Attorney General Dinmani Pokharel decided not to charge Rashtriya Swayamsevak Sangh President Ravi Lamichhane with passport fraud. However, a writ petition filed against his decision is pending in the Supreme Court. When Baburam Bhattarai was the Prime Minister, the then Attorney General Mukti Shrestha had written a letter to the police asking them not to proceed with the investigation, granting immunity to those involved in the murder of journalist Dekendra Thapa.

Similarly, the then Attorney General Yagyamurthy Banjade had decided not to charge Congress leader Mohammad Aftab Alam in the Rautahat bomb case. However, since some have challenged such decisions legally, the resolve of the rule of law is alive in this country. However, Bhandari has landed herself in the most controversial position among those who indulge in self-indulgence by sitting in the chair of the Attorney General because she herself has granted immunity. 

Ukera.com exposed the egg smuggling case on 24 Kartik, since then the media and other Nepali media outlets have written news, interviews and editorials many times. Civil society is asking questions and criticizing. But the silence of the responsible body is ironic. Before this further damages the image of the government, it is reasonable for Bhandari herself to resign, criticizing herself for the decision she made as Attorney General. If she does not resign herself, then Prime Minister Sushila Karki should take the decision. Because in this context, not only the personalities of Attorney General Bhandari and Prime Minister Karki are being tested, but also the trust of the Nepali people who are waiting for change.

सम्पादकीय कान्तिपुर दैनिकमा प्रकाशित सम्पादकीय

Link copied successfully